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1990 07 03 CC Minutes LA QUINTA CITY COUNCIL MINUTES JULY 3, 1990 Regular meeting of La Quinta City Council was called to order at the hour of 7:00 P.M., Mayor Pena presiding. PRESENT: Council Members Bohnenberger, Rushworth Sniff, Mayor Pena ABSENT: Council Member Bosworth CONFIRMATION OF AGENDA Mr. Kiedrowski advised that regarding Item No. 8, there are no graphics available, but he will give a brief verbal and carry it over to the next meeting. PUBLIC HEARINGS None WR?TTEN COMMUNICATIONS a. Letter from Chamber of Commerce Regarding a Fourth of July Celebration in 1991. Council Member Sniff suggested that a letter be written to the Chamber of Commerce advising of our interest in working with them in planning a Fourth of July celebration next year. Council concurred. JACK ABELS, representing Coachella Valley Recreation & Park Distri?t, P.O. Box 1416, La Quinta, updated the Council on the activities of the District noting that due to the rapid growth of the area, they are in the process of updating their Master Plan which was developed 3 years ago. The restrooms are being replaced in the park, which is being done with State grant funds in an amount of $65,000. The day camp program at the Community Center is filled to capacity and they are working with the Boys and Girls Club in the full time use of the Community Center. He asked that the City en?=rtain the idea of a Boys & Girls Club building with a pool and park area. They would be willing to work in conjunction with the operation of the pool, courts and grounds. He advised that their goal is to offer low-cost recreation programs in their five 15ti??tS. They are hopeful of obtaining a 20-acre site in the northern sw??re of La Quinta. BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 City Council Minutes 2 July 3, 1990 BUSINESS SESSION 1. CONSIDERATION OF ACTIONS RELATING TO ASSESSMENT DISTRICT 90-1 PHASE III COVE INPROVENENT PR?JECT: A. ADOPTION OF RESOLUTION DETERMINING UNPAID ASSESSMENTS ASSESSMENT DISTRICT 90-1 PHASE III COVE IMPROVEMENT PROJECT. B. ADOPTION OF RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF LIMITED OBLIGATION IMPROVEMENT BONDS ASSESSMENT DISTRICT 90-1 PHASE III COVE IMPROVEMENT PROJECT. C. ADOPTION OF RESOLUTION AWARDING THE LIMITED OBLIGATION IMPROVEMENT BONDS ASSESSMENT DISTRICT 90-1 PHASE III COVE IMPROVEMENT PROJECT. Mr. Kicak, Kicak & Assoc., Engineers for the project, advised that bond bids were received on this date and the low bid was submitted by M. L. Stern, including the discount) the net interest rate is 7.062% for the life of the bonds. The total amount to bond, considering the payoff is $1,244,796.41. RESOLUTION NO. 90-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, DETERMINING UNPAID ASSESSMENTS AND THE MANNER OF PAYMENT THEREOF. It was moved by Council Member Sniff, seconded by Council Member Bohnenberger that Resolution No. 90-53 be adopted. Motion carried unanimously. RESOLUTION NO. 90-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, PROVIDING FOR THE ISSUANCE AND SALE OF LIMITED OBLIGATION IMPROVEMENT BONDS OF SAID CITY, IN AN AGGREGATE PRINCIPAL AMOUNT OF $1,244,796.41 FOR ASSESSMENT DISTRICT NO. 90-1. It was moved by Council Member Sniff, seconded by Council Member Rushworth that Resolution No. 90-54 be adopted. Motion carried unanimously. RESOLUTION NO. 90-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, AWARDING THE LIMITED OBLIGATION IMPROVEMENT BONDS OF ASSESSMENT DISTRICT NO. 90-1 TO THE BEST BIDDER. It was moved by Council Member Bohnenberger, seconded by Council Member Rushworth that Resolution No. 90-55 be adopted. Motion carried unanimously. BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 City Council Minutes 3 July 3, 1990 2. CO?iSIDERATION OF RECOMMENDATIONS OP' COMMUNITY SERVICES COMMISSION REGARDING COMMUNITY SERVICE GRANT APPLICATIONS. Mrs. Juhola advised that the Community Services Commission has reconsidered their recommendations regarding allocation of the Community Services Grants in light of the Council direction to adhere to the guidelines and criteria established. Therefore, they eliminated the Humane Society of the Desert; Desert String Quartet and Symphony West Arts Assoc., and reallocated that $4,450 proportionately as follows: Boys & Girls Club of L. Q. $5,195 Family YMCA $4,155 L. Q. Historical Society $4,155 L. Q. Sports & Youth $4,415 S.H.A.R.E. $2,080 TOTAL $20,000 She advised that the Commission also made to motion to recommend that the three grant applicants who did not qualify, be considered for an additional funding program and that the Commission and Council meeting in a joint study session during the year to reconsider the funding criteria. Council Member Rushworth felt that it was a mistake to return the applicants to the Commission that he meant for the Commission to bring back a motion that their criteria should be served in the allocation of these funds. He believed that it is a mistake to not fund organizations because they are not located in the City the City. is not an island and our residents take advantage of the services provided by these applicants. He suggested that the original recommendations be accepted. He also recommended that next year, the Commission be allowed to decide on the funding. Council Member Sniff felt that the criteria established should be adhered to this year. He agreed to schedule reconsideration of the criteria for sometime in the fall. He suggested adopting their revised recommendations. GREG MANDINACH, 2351 Camino Pilacano, President of Humane Society of the Desert, asked for reconsideration of their application noting that their operation, legally would not be allowed to operate in the City because of the zoning regulations, although the citizens of the community are benefiting from the Human Society daily. In response to Council Member Bohnenberger, Mr. Mandinach advised that they have applications in with other cities Cathedral City; Palm Desert and Palm Springs gave them $7,500 last year and they are currently looking at their application at the present time. Mayor Pena advised that the Council has always struggled with BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 City Council Minutes 4 July 3, 1990 this program, but always agreed that all of the grant applications are worthy of funding; but believed that the original intent of the program was to give to those organizations within the community that provide indigenous service to the City. He did not believe that changing the rules at this time would be beneficial. He also believed that it should not be an on-going funding mechanism for organizations year after year but rather spread it around. Council Member Bohnenberger supported the original recommendations of the Community Services Commission. MOTION It was moved by Council Member Sniff, seconded by Mayor Pena that to accept the revised recommendations of the Community Services Commission regarding allocation of Community Service Grants. Motion failed to carry with Council Members Bohnenberger/Rushworth voting NO. MOTION It was moved by Council Members Bohnenberger/ Rushworth to accept the original recommendations of the Community Services Commission regarding allocation of Community Service Grants. Motion failed to carry with Council Member Sniff and Mayor Pena voting NO. MOTION It was moved by Council Members Bohnenberger/ Rushworth to continue deliberation of allocation of Community Service Grants until the first meeting in September with the exception that $3,200 be approved for Family YMCA as they are planning to use the funds for their summer camp program. Council Member Sniff wished to see the matter settled at this time as it's unfair to the applicants and was willing to support the Commissions original recommendations in order to move it forward. Council Members Bohnenberger/Rushworth agreed to WITHDRAW THEIR MOTION. MOTION It was moved by Council Members Sniff/Rushworth to accept the original recommendations of the Community Services Commission for Community Service Grant funding for 1990/91 Fiscal Year. Motion carried with Mayor Pena voting NO. MINUTE ORDER NO. 90-7B. 3. UPDATh ON CHI? CARE FACILITY AND DISCUSSION OF' CONTRACT. Mr. Kiedrowski advised that the Child Care Committee has been meeting weekly and the firm of Walling & McCallum who did the original plans for Elvirita Lewis Foundation are amending those plans to accommodate approximately 60 children. He has asked the YMCA to produce a draft of a lease agreement. The Planning Commission has scheduled a public hearing on the Public Use Permit for their next meeting. In response to Mayor Pena, Mr. Hundt with YMCA advised that BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 City Council Minutes 5 July 3, 1990 the licensing process must go through the State and the application cannot be made until the facility is in place. His best guess for opening the facility is January 1991. NOTION It was moved by Council Members bohnenberger/Sniff to authorize the City Manager to negotiate a agreement to provide services with Robin Llewellyn in accordance with her letter of proposal up to a maximum of $10,000 for her efforts during the summer months. Council Member Rushworth asked if this should be transmitted to the Community Services Commission for input and Council Member Sniff felt that in the interest of time, the Council should proceed as their next meeting is the end of August. MOTION CARRIED UNANIMOUSLY. MINUTE ORDER NO. 90-79. 4. CONSIDERATION OF AMENDMENT To CHAPTER 11.80 OF THE MUNICIPAL CODE REGARDING ABANDONED VEHICLES. Mr. Hirdler advised that the section of the City?s Code regulating abandoned vehicles is in need of revision. The Council has received a proposed amendment which covers a number of problem areas, such as unregistered vehicles on private property. Council Member Bohnenberger expressed concern over the prohibition of allowing a vehicle to remain parked, stored or left standing for 72 hours as many people with operating vehicles have occasion to do that. Mr. Hirdler advised that the intent is to apply that 72 hours to abandoned vehicles. Council concurred that the definition of abandoned vehicle?' needs to be modified to communicate the City?s intent. MOTION It was moved by Council Members Sniff/Bohnenberger to take up Ordinance No. 176 by title and number only and waiver further reading. Motion carried unanimously. ORDINANCE NO. 176 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING CHAPTER 11.80, ABANDONED VEHICLES, CF THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Sniff/Bohnenberger that Ordinance No. 176 be introduced on first reading. Motion carried by the following vote: BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 City Council Minutes 6 July 3, 1990 AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth 5. CONSIDERA?ON OF AMENDMENT To SECTION 11.72.030 OF CHAPTER 11.72 OF TI[E MUNICIPAL CODE REGARDING PUBLIC NUISANCES. Mr. Hirdler advised that due to revision of Section 11.80, several section were removed from 11.60 and need to be placed in the Public Nuisance Section. MOTION It was moved by Council Members Sniff/Bohnenberger to take up Ordinance No. 177 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 177 AN ORDINANCE OF THE CITY CF LA QUINTA, CALIFORNIA, AMENDING SECTION 11.72.030 OF CHAPTER 11.72, PUBLIC NUISANCES, OF THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Sniff/Bohnenberger to introduce Ordinance No. 177 on first reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth 6. CONSIDERATION OF APPOINTMENTS?S: A. PLANNING COMMISSION B. RIVERSIDE COUNTY LIBRARY ADVISORY BOARD At this time, H. Fred Mosher and John Bund were interviewed for Planning Commission. MOTION It was moved by Council Members Bohnenberger/ Rushworth that Katherine Barrows and H. Fred Mosher be appointed to the Planning Commission for a full three year term to expire June 30, 1993. Motion carried unanimously. MINUTE ORDER NO. 90-80. MOTION It was moved by Mayor Pena, seconded by Council Member Bohnenberger that the appointment to the Library Advisory Board be continued. Motion carried unanimously. MINUTE ORDER NO. 90-81. BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 City Council Minutes 7 July 3, 1990 7. APPROVAL OF AG?NT WITH GRU?N ASSOCIATES FOR CIVIC CENTER ARCHITECTURAL DESIGN SERVICES. Mr. Kiedrowski presented the Council with an agreement with Gruen Associates for architectural design services which has been reviewed by the City Attorney subject to a final review by the City Attorney. NOTION It was moved by Council Members Sniff/Rushworth to approve the agreement with Gruen Associates in an amount not to exceed $769,500 subject to review by the City Attorney. Motion carried unanimously. MINUTE ORDER NO. 90-82. 8. STATUS REPORT ON PEDESTRIAN AND BIKE PAThS ALONG BEAR CREEK CHANNEL. Mr. Kiedrowski asked that this matter be carried over. 9. CONSIDERATION OF ADOPTION OF PRELIMINARY BUDGET FOR 1990/91 FISCAL YEAR. Mr. Kiedrowski noted that the budge?t has been before Council during several Study Sessions and asked for Councils preliminary approval and the final document will be presented for adoption at the next meeting. MOTION It was moved by Council Members bohnenberger/Sniff that the preliminary budget and attached memorandum with specific changes be approved. Motion carried unanimously. MINUTE ORDER NO. 90-83. 10. SECOND READING OF ORDINANCES: ORDINANCE NO. 174 AN ORDINANCE O? THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TIThE 9 OF THE MUNICIPAL CODE BY ADDING CHAPTER 9.117 EQUESTRIAN OVERLAY ZONE. CASE NO: ZOA *90-015. At this time, Kathy Cole, resident of southeast corner of Avenue 50 and Jefferson, addressed the Council on the issue of the ordinance under consideration, expressing concern over being able to retain their horses noting that in order to live there and maintain their lifestyle, they must take in other horses for boarding. She asked if there is a Conditional Use Permit to allow them to live thereunder the same conditions under which they bought. BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 City Council Minutes 8 July 3, 1990 Mr. Herman, Planning Director, advised that upon annexation, that property will be zoned Commercial which does not allow keeping of horses. They can apply for an equestrian overlay zone anytime within three years 6f annexation to the City. It was moved by Council Members Bohnenberger/Sniff that Ordinance No. 174 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth ORDINANCE NO. 175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MU?ING THE PREZONING DESIGNATION OF CERTAIN PROPERTY ADJACENT To THE CITY AS DESCRIBED IN CHANGE OF ZONE CASE NO. 90-058, PURSUANT To SECTION 65859 OF THE STATE GOVERNMENT CODE. CASE NO. CZ 90-058. It was moved by Council Members Bohnenberger/Sniff that Ordinance No. 175 be adopted on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Rushworth, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: Council Member Bosworth CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. 2. AUTHORIZATION TO CALL FOR BIDS AVENUE 50/PARK SIGNALIZATION PROJECT. 3. APPROVAL OF FINAL MAP 23935-1 AND RELATED SUBDIVISION IMPROVEMENT AGREEMENT SANTA ROSA DEVELOPERS MILES & DUNE PALMS. 4. APPROVAL OF FINAL MAP 23935-2 AND RELATED SUBDIVISION IMPROVEMENT AGREEMENT SANTA ROSA DEVELOPERS MILES AND DUNE PALMS. BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 City Council Minutes 9 July 3, 1990 5. ACCEPTANCE OF REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 90-445 TO CONVERT A DUPLEX UNIT INTO A REAL ESTATE OFFICE WITH APARTMENT AT 51-066 AVENIDA MENDOZA APPLICANT; EDWARD NIGG. 6. APPROVAL OF OUT OF STATE TRAVEL FOR CITY ENGINEER TO ATTEND APWA CONFERENCE IN MISSOURI. 7. APPROVAL OF AGREEMENT FOR INVESTMENT SERVICES FOR 1915 IMPROVEMENT BOND ISSUE PROCEEDS SANITARY SEWER SYSTEM). 8. APPROVAL OF REDUCTION IN BOND & LETTER OF CREDIT TRACT 20717-3 SUNRISE AT PGA WEST. 9. ADOPTION OF RESOLUTION OF INTENTION TO VACATE A PORTION OF AVENUE 54, WEST OF JEFFERSON ST. AND FIXING THE TIME AND DATE OF HEARING. 10. APPROVAL OF RESOLUTION OF INTENTION TO VACATE A PORTION OF AVENIDA NAVARRO, SOUTH OF CALLE CHILLON AND FIXING THE TIME AND DATE OF HEARING. NOTION It was moved by Council Members Bohnenberger/Sniff that Consent Calendar Items 1 through 10 be approved as recommended with Items 9 & 10 being approved by RESOLUTION NOS. 90-56 AND 90-57 respectively. Motion carried unanimously. MINUTE ORDER NO. 90-84. COUNCIL COMNN? None PUBLIC COMMENT AUDREY OSTROWSKI,, P.O. Box 351, La Quinta, advised that she read a letter at the last meeting and asked why she hasn1t received a response to her questions and advised that she wants the financial information she requested from the La Quinta Arts Foundation. Regarding the sewer in front of her house, she advised that she cannot sell her house until the sewer is connected. Mayor Pena advised that the letter she submitted was not addressed to the City and he will not response to?a letter not addressed to him or the City. The Council adjourned to Closed Session at 8:50 P.M. to discuss litigation Parc La Quinta, Indio Case No. 60188 pursuant to Government Code Section 54956.9(a) and Burkett Property, Indio Case No. 60203 and potential land acquisition pursuant to Government Code Section 54956.8 concerning a parcel. at the corner of Adams and Westward Ho and a personnel discussion under Government Code Section 54957. BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 The Council reconvened to regular session with no action being taken. R?pectfully submitted, sAUNDRA L. JUHOLAL, City Clerk City of La Quinta, California BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02 BIB] 02-13-96-U01 10:58:25AM-U01 CCMIN-U02 07-U02 03-U02 1990-U02